PR card expire while In outside Of Canada

[Uzmi]

Hi, my sister was permanent resident when sponsored her husband and son. Son spend 6 month in Canada and left the country for taking religious education in pakistan. Meanwhile my sister got her citizenship of Canada.last 4 1/2 years her son didn’t back in Canada. He is 13 years old now.his PR card card expire in 25 July 2020. Can he reapply PR card from Pakistan whole he couldn’t complete his 730 days in Canada. Or my sister can sponsor him again.

[PMM]

Hi

@Uzmi

Hi, my sister was permanent resident when sponsored her husband and son. Son spend 6 month in Canada and left the country for taking religious education in pakistan. Meanwhile my sister got her citizenship of Canada.last 4 1/2 years her son didn’t back in Canada. He is 13 years old now.his PR card card expire in 25 July 2020. Can he reapply PR card from Pakistan whole he couldn’t complete his 730 days in Canada. Or my sister can sponsor him again.

1. No, he can’t apply for a PR card outside Canada. To return to Canada he would have to apply for a PR Travel Document.
2. If he is 13, there should be no problem of him getting a PRTD as he is a minor.

[Aman]

HI my son and daughter ar in India, they came to Canada in 2011, but lived for 4 months and went back to India along with my wife, my wife is no more as he passed away in 2015, I am PR in Canada, How can I call my kids as their PR has expired.

[SettlementOrgMod]

Hi there,

Thank you for sharing your situation and question with us.

If you are looking for ways to sponsor your children, you can find articles on the sponsorship process on Settlement.Org. The article How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? may be helpful. This article provides an introduction to the IMM 5289 Guide: Sponsor your spouse, common-law partner, conjugal partner or dependent child.

You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation. To find community legal clinics in your region, please visit services near me on Settlement.Org.

If you have any additional questions, please feel free to post them here.

We hope this information is helpful.

Settlement.Org Team

[manasdhal]

Hi There,

I’m a PR and stayed 3 years in Canada as PR. But I’ve to leave Canada to take care of my old Parents who are not willing to come to Canada. I’ve few general question about PR card renewal and maintaining PR status.

1. After how many years of expiry I can renew my PR card, if I’m outside Canada when my PR card expires ?
   2 Do I need to stay 2 years in each PR Card renewal ?
2. How the 5 years of next PR Card is calculated within which I have to stay for 2 years to retail my PR ? From the date of Renewal of next PR card or Date of expiry of previous card ?

[SettlementOrgMod]

@manasdhal

Hi There,

I’m a PR and stayed 3 years in Canada as PR. But I’ve to leave Canada to take care of my old Parents who are not willing to come to Canada. I’ve few general question about PR card renewal and maintaining PR status.

1. After how many years of expiry I can renew my PR card, if I’m outside Canada when my PR card expires ?
   2 Do I need to stay 2 years in each PR Card renewal ?
2. How the 5 years of next PR Card is calculated within which I have to stay for 2 years to retail my PR ? From the date of Renewal of next PR card or Date of expiry of previous card ?

Hi there,

Thank you for sharing your question and situation with us. We appreciate that you would be interested in this kind of information.

1. After how many years of expiry I can renew my PR card, if I’m outside Canada when my PR card expires?

If you are outside Canada with an expired PR card, you may need to apply for a Permanent Resident Travel Document to return to Canada.
According to the IRCC Help Centre article What happens if my permanent resident card expires while I am outside Canada?:

If you’re outside Canada and don’t have a valid PR card, you need a permanent resident travel document (PRTD) to return to Canada. You can only apply for a PRTD from outside Canada. If you try to return to Canada without a PR card or PRTD, you may not be able to take your flight, train, bus or boat to Canada.

IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. This is up to IRCC and it would be best for you to contact the local visa office or IRCC via web form to get more details about your specific application and what kind of supporting documents you may require.

You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer about your situation.

2. Do I need to stay 2 years in each PR Card renewal?

You may find useful information in the article on Settlement.Org, What are the residency requirements for permanent residents (PRs)? Here is an excerpt:

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period. The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

This means that you can spend a total of up to 3 years outside of Canada during a 5-year period.

3. How the 5 years of next PR Card is calculated within which I have to stay for 2 years to retail my PR ? From the date of Renewal of next PR card or Date of expiry of previous card?

The 5-year period is assessed on a rolling basis. Immigration, Refugees and Citizenship Canada (IRCC) will look back at your time in Canada over the previous 5 years.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:

"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident’s status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:

• permanent resident status is established;
• the permanent resident refuses to provide any further information and enters Canada;
  and
• the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation,

officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).

We hope this information is helpful.

Sincerely,

Your Settlement.Org team